Public Accommodation Disability Access Request - Kentucky

KENTUCKY PUBLIC ACCOMMODATION DISABILITY ACCESS REQUEST AND DEMAND

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I. INTRODUCTION AND LEGAL BASIS

1.1. This letter is a formal request and demand that [BUSINESS / ENTITY NAME] ("you" or "the Establishment") provide full and equal access to its goods, services, facilities, privileges, advantages, and accommodations to [REQUESTER NAME] ("Requester"), a person with a disability.

1.2. Kentucky law. Under the Kentucky Civil Rights Act, KRS § 344.120, it is an unlawful practice for a person to deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement on the ground of disability (among other protected grounds).

1.3. Federal law. Title III of the Americans with Disabilities Act, 42 U.S.C. § 12182(a), independently prohibits discrimination on the basis of disability in the full and equal enjoyment of any place of public accommodation, as implemented by 28 C.F.R. Part 36.

1.4. The Establishment is a "place of public accommodation, resort, or amusement" under KRS § 344.130 and a "place of public accommodation" under 42 U.S.C. § 12181(7) because it is a [IDENTIFY CATEGORY — e.g., restaurant / hotel or lodging / retail store / service establishment / theater or place of amusement / recreation facility].

II. THE REQUESTER AND THE DISABILITY

2.1. Requester is an individual with a disability within the meaning of KRS § 344.010 and 42 U.S.C. § 12102.

2.2. The nature of the disability is:

☐ Mobility disability (uses [wheelchair / scooter / walker / cane / crutches])
☐ Vision disability (blind / low vision)
☐ Hearing disability (deaf / hard of hearing)
☐ Speech disability
☐ Cognitive, intellectual, or psychiatric disability
☐ Disability requiring a service animal
☐ Other: [DESCRIBE]

2.3. Requester [is a current patron / intends to patronize / was denied access on [__/__/____] / regularly attempts to use] the Establishment and intends to return.

III. THE PUBLIC ACCOMMODATION AND THE BARRIER OR DENIAL

3.1. On or about [__/__/____], Requester encountered the following barrier(s) to access at [LOCATION]:

☐ Physical / architectural barrier — [DESCRIBE — e.g., no accessible entrance or ramp, inaccessible restroom, no accessible parking, narrow aisles, high counter]
☐ Denied auxiliary aid / effective communication — [DESCRIBE — e.g., refused qualified interpreter, no captioning, no large-print/Braille/accessible electronic materials, inaccessible website or kiosk]
☐ Denied service animal access — [DESCRIBE — e.g., turned away with a service dog, demanded documentation, charged a surcharge]
☐ Policy / practice barrier — [DESCRIBE — e.g., eligibility criteria screening out persons with disabilities, no-pets policy applied to a service animal, refusal of assistance]
☐ Refused reasonable modification — [DESCRIBE — refusal to modify a policy, procedure, or practice necessary for access]

3.2. Specific facts. [WHO did or said WHAT, WHEN, and WITNESSES. Attach dated photographs, measurements, receipts, or correspondence.]

IV. THE SPECIFIC ACCESS REQUESTED

4.1. Requester requests the following specific access / reasonable modification(s):

1. [SPECIFIC ACTION — e.g., install a compliant ramp at the [____] entrance]
2. [SPECIFIC ACTION — e.g., provide a qualified ASL interpreter for [____]]
3. [SPECIFIC ACTION — e.g., admit the service animal and rescind any surcharge]
4. [SPECIFIC ACTION — e.g., modify the [____] policy to permit [____]]
5. Adopt a written disability-access policy and train staff on ADA and KCRA obligations.

4.2. The requested modifications are reasonable, necessary to afford equal access, and do not fundamentally alter the nature of the Establishment's goods or services; the requested barrier removal is readily achievable under 42 U.S.C. § 12182(b)(2)(A)(iv).

V. LEGAL OBLIGATIONS

5.1. Kentucky Civil Rights Act. Under KRS § 344.120, the Establishment may not deny the full and equal enjoyment of its goods, services, facilities, privileges, advantages, and accommodations on the ground of disability. The KCRA is construed consistently with the ADA where the language tracks federal law.

5.2. ADA Title III. Under 42 U.S.C. § 12182(b)(2)(A) and 28 C.F.R. Part 36, the Establishment must: (i) make reasonable modifications to policies, practices, and procedures; (ii) furnish auxiliary aids and services for effective communication; (iii) permit service animals (28 C.F.R. § 36.302(c)); and (iv) remove architectural and communication barriers in existing facilities where readily achievable, or use readily achievable alternative methods.

VI. DEMAND AND RESPONSE DEADLINE

6.1. Requester demands that the Establishment confirm in writing, within [30 / 45 / 60] days of the date of this letter (no later than [__/__/____]), that it will provide the access described in Section IV and the date(s) by which each item will be completed.

6.2. Requester is willing to discuss a mutually agreeable solution and a reasonable schedule for any construction-related barrier removal.

VII. ESCALATION AND RESERVATION OF RIGHTS

7.1. Administrative complaint (Kentucky). If the Establishment does not respond satisfactorily, Requester may file a charge with the Kentucky Commission on Human Rights (KCHR) within 180 days of the discriminatory act (KRS § 344.200). The KCHR investigates, makes a probable-cause determination, attempts conciliation, and may proceed to a hearing with cease-and-desist and affirmative relief.

7.2. Private civil action / election. Alternatively, under KRS § 344.450, Requester may bring a civil action directly in [county] Circuit Court. The election is generally exclusive — pursuing the administrative route forecloses the judicial route and vice versa. A civil action under KRS § 344.450 must be filed within two (2) years of the discriminatory act.

7.3. State remedies / damages. KRS § 344.450 authorizes injunctive relief, actual (compensatory) damages — including damages for humiliation and emotional distress — and reasonable attorney's fees and costs. Kentucky imposes no statutory cap on compensatory damages under the KCRA (unlike Title VII's federal caps). There is no fixed statutory-damages multiplier.

7.4. Federal route. Requester may file an ADA complaint with the U.S. Department of Justice (ADA.gov) and/or a private action under 42 U.S.C. § 12188 in the U.S. District Court for the [Eastern / Western] District of Kentucky. Title III private remedies are limited to injunctive relief plus attorney's fees and costs under 42 U.S.C. § 12205; the DOJ may seek civil penalties.

7.5. Local ordinances. Louisville/Jefferson County, Lexington-Fayette, and certain other Kentucky jurisdictions have local human-relations ordinances and commissions; confirm whether a local public-accommodations ordinance applies.

7.6. Reservation. Requester reserves all rights and remedies under the KCRA, the ADA, and any applicable local ordinance. Nothing in this letter waives any claim or limitations period.

SIGNATURE

Sincerely,

[____________________]

[REQUESTER NAME / ATTORNEY NAME]
[Kentucky Bar No. ______, if attorney]
[FIRM NAME, if any]
[ADDRESS]
[PHONE] / [EMAIL]

Attorney for / Requester

KENTUCKY PRACTICE NOTES

• Enforcing agency. The Kentucky Commission on Human Rights (KCHR) administers the Kentucky Civil Rights Act (KRS Chapter 344).
• Protected ground. KRS § 344.120 protects disability, race, color, religion, and national origin in public accommodations. The KCRA does not include sexual orientation or gender identity as standalone statewide protected classes (some municipalities do).
• Administrative vs. court route — election. The KCRA permits a direct civil action under KRS § 344.450 OR an administrative charge with the KCHR; the routes are treated as an election, so choose deliberately. Administrative filing deadline: 180 days (KRS § 344.200). Civil-action limitations: 2 years (KRS § 344.450; see applicable case law treating it as a 2-year period running from the discriminatory act).
• State damages / fees. KRS § 344.450 allows injunctive relief, actual damages (including humiliation and emotional distress), and reasonable attorney's fees and costs, with no statutory cap on compensatory damages. The KCRA's compensatory-damages remedy is its principal advantage over ADA Title III for monetary recovery.
• ADA interplay. Because ADA Title III provides only injunctive relief plus fees to private plaintiffs, plead both the KCRA (for damages) and Title III (for injunctive/barrier-removal relief).
• Lower coverage threshold. Note the KCRA's employer threshold (8 employees) is lower than Title VII's; for public-accommodation claims the focus is on whether the entity is a place of public accommodation under KRS § 344.130.

SOURCES AND REFERENCES

• KRS § 344.120 (public accommodations) — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32614
• KRS § 344.130 (definition of place of public accommodation) — https://legislature.ky.gov/law/statutes/chapter.aspx?id=38649
• KRS § 344.200 (180-day administrative filing) — https://legislature.ky.gov/law/statutes/statute.aspx?id=3493
• KRS § 344.450 (private civil action; remedies; 2-year SOL) — https://legislature.ky.gov/law/statutes/statute.aspx?id=3519
• Kentucky Commission on Human Rights — https://kchr.ky.gov/
• 42 U.S.C. § 12182; 42 U.S.C. § 12188; 28 C.F.R. Part 36 — https://www.ada.gov/
• U.S. DOJ ADA complaint portal — https://www.ada.gov/file-a-complaint/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Kentucky must review and customize this document before use. Verify all statutory citations, agency procedures, and limitations periods before relying on this document.